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The new rule deals with the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), a program of the International Civil Aviation Organization (ICAO) that promotes the reduction and offsetting of CO2 emissions from international flights.
The respective regulation establishes the duty to monitor CO2 emissions, when there are emissions of exceeding 10,000 (ten thousand) tons of CO2 , calculated over a calendar year, for flights using fixed-wing aircraft with a maximum take-off weight of 5,700 kg. This monitoring will begin on 1st January of the following year in which the operator exceeded the established amount of emissions.
In addition, monitoring must be carried out in accordance with the Emissions Monitoring Plan drawn up by the air operator and approved by ANAC.
In order to account for CO2 emissions, three-compliance-year cycles have been established between 2024 and 2035, within which the quantities of CO2 will be calculated and consolidated for compensation purposes.
Those subject to monitoring must submit an Emissions Report accompanied by a Verification Report to ANAC every year by April 30 of the year immediately following the monitoring.
The resolution also provides for the imposition of fines ranging from BRL 25,000.00 to BRL 120,000.00, and BRL 50.00 per ton of CO2 not offset in the case of "failing to cancel all of the final offsetting obligations for a compliance period in accordance with the standards established in this Resolution". It should be noted that the imposition of a fine does not exempt compliance with offsetting obligations, nor does it extinguish the obligation that has not been complied with.
Finally, previous Resolutions No. 496/2018 and No. 558/2020 dealing with the issue were repealed.
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